Have you ever engaged someone in a conversation and noticed the other person uses words that he/she clearly cannot define? Have you ever witnessed a debate where one of the contestants is unprepared? These types of incidents are common occurrence for those of us responsible for enforcing traffic laws.

I am often taken aback by responses from recipients of citations. Many will debate the issuance of the citation from a position of ignorance. This is not a question of intellect, but rather knowledge. Most motorists have no understanding how the justice system works in regards to traffic citations.

My hope is to pass on that knowledge to motorists.

Complaints regarding traffic are the No. 1 complaint for most police agencies. While it is important for police agencies to suppress criminal activity, it is also important to enforce traffic laws to help reduce traffic

collisions.

If you are one of the many motorists that often suggest or demand that the issuing officer should be

looking for criminals instead of enforcing traffic laws, keep in mind that the police are most often responding to community complaints.

Another thing police officers hear is that an officer is trying to meet a quota.

It is illegal for any police department to set a quota in regards to the number of traffic citations an officer issues. Officers issue citations because of the need to reduce traffic collisions.

It has been proven that when an agency is diligent in writing traffic citations, traffic collisions decline. In other words, there is a direct correlation between traffic citations and traffic collisions.

It is similar to the economic theory of supply and demand regarding pricing.

Some people believe that traffic citations earn revenue for a city. Well, you might be surprised how small the percentage of a paid fine from a traffic citation a city receives.

You may also be surprised to learn that the fines are set by judicial council, not the city or a police department.

In fact, I would be surprised if 10 percent of

officers know

the amount of fines in relation to traffic violations.

So, how should you handle yourself when you are the unfortunate recipient of a traffic citation?

First, familiarize yourself with the system. Legislators write law; police enforce the law, and courts rule on the enforcement of the laws. It is a check-and-balance system, even in regards to traffic citations.

Second, realize what you can and cannot do during the issuance of the citation.

If you are stopped for a violation, you must show the officer your driver’s license, registration, and proof of

insurance. You do not have the right to withhold that information. There is no law that states you cannot question the officer in regards to the stop, but the forum to argue the citation is a court

of law. I have never known an officer

to change the citation based on a

motorist arguing the citation at the scene of the stop.

You are not allowed to refuse to sign the citation because you disagree with the issuance of the citation. The only thing you will receive by refusing to autograph the citation is a one-way ticket to the gray bar hotel. Signing the citation is not an admission of guilt, but a promise to appear at the date and time indicated on the citation. Please sign the citation and argue your case in court.

The courts rule on the whether the issuing officer can prove the violation beyond a reasonable doubt. If you are going to contest a citation, understand the procedures of court. Judges are not allowed to give you guidance through the process.

Do not pin your hopes on the fact that the issuing officer will not show up for court. While that does happen from time to time, most agencies require their officers to appear in court to stand behind their citations.

Go to court with a viable defense. Your lack of knowledge regarding a specific law is not a defense. Neither is the fact that you were simply traveling with the flow of traffic or the officer did not stop the other motorists that committed the same violation as you.

Know your options in regards to how to handle the citation. Basically, you have three options when it comes to handling a citation. You can pay the fine. This will also leave a mark on your DMV record, which may result in higher insurance rates. Traffic violations normally stay on a DMV record for approximately three years.

You may contest the citation. This will require setting a trial date, then standing before the judge with a viable defense. Or you may pay the fine and elect to go to traffic school. This will increase your costs in the short term, but could save you hundreds of dollars in the long term. If you complete traffic school, if you qualify, the violation will not be reported to DMV and your

insurance company will not raise your insurance premiums.

The Los Angeles County Courts have a Web site – www.lasuperiorcourt.org – which can be accessed to obtain a great deal of information regarding the court system.

It has been said that knowledge is power. Please exhibit knowledge, not ignorance, when it comes to handling a traffic citation.

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